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Jan 17 150 tweets 25 min read Read on X
OK- Day 2 of Carroll v. Trump 2d trial. Trump has entered the courtroom, seated in red tie at defense table with Alina Habba. Carroll will be the witness. Inner City Press will live tweet as it did 1st trial (incl in this book ) thread belowamazon.com/dp/B0C4WZG4D3
All rise!
Judge Kaplan: The delay this morning was caused by a transportation problem. Before the jury comes in, I have the following questions of law after yesterday's defense opening. Is mitigation of damages an affirmative defense? Is it waived?
Judge Kaplan: Is the defense even applicable to a defamation case? If so, which side has the burden of proof, and what must be proved to satisfy that burden. There is a NY Court of Appeals case, it is 226 NY1, Sun Printing - and App Div in Caine, find it
Habba: I would like to address what your Honor is recommending in writing overnight - you're proposing an instruction, right?
Judge Kaplan: I want briefs on Friday before 4pm.
Habba: My client & I wish to point out Ms. Carroll can sit in front of jurors every day
Habba: But my client has to choose between attending his mother in law's funeral --
Judge Kaplan: I have ruled. Sit down.
Habba: I don't like to be spoken to that why. Please refrain. I am asking for an adjournment for a funeral.
Judge Kaplan: Denied. Sit down.
Judge Kaplan: Bring in the jury.
Robbie Kaplan (RK): Plaintiff calls E. Jean Carroll.
RK: Where do you live?
Carroll: In upstate NY in the mountains, in a small cabin.
RK: Why are you here?
Carroll: Donald Trump abused then defamed me and shattered my reputation
RK: Has Mr. Trump continued to lie about you?
Carroll: He lied Sunday, and yesterday.
Habba: Objection - non responsive, and not at issue here.
Judge Kaplan: Certainly relevant to damages. Overruled.
RK: How was your reputation shattered?
Carroll: Yesterday on Twitter I saw, Hey lady, you're a fraud. Previously I was a columnist. Now I'm known as a wack job. People don't write to an advice columnist that's being attacked like this.
RK: In the first case, what were your claims?
Carroll: Assault and defamation.
RK: When was the assault?
Carroll: 1996.
RK: How long did the trial last?
Carroll: 2 weeks.
RK: Who cross examined you?
Carroll: Joe Tacopina
Habba: Objection
Judge Kaplan: Substained.
RK: Where did you grow up?
Carroll: Indiana. My mother was a volunteer for the Republican Party
Habba: Objection, relevance.
Judge Kaplan: Background.
Habba: You ruled no politics
Judge Kaplan: Fair enough.
RK: How did your parents raise you?
Carroll: Small school house. They had 2 rules: smile and look on the bright side. I wanted to be a writer.
RK: Where'd you go to college?
Carroll: Indiana University. I was a cheerleader.
Carroll: I was nominated for a beauty pageant.
Another Trump lawyer: Objection
Judge Kaplan: Who said that? This is not tag team.
RK: How did you become a writer?
Carroll: After 20 years of negativity, I got my first piece accepted at age 46. I taught gym in Idaho
Carroll: I was found in the slush pile at Esquire. Then other doors opened. I wrote for Rolling Stone, New York
RK: Did you move to New York City?
Carroll: In 1980 or 1981. I said, I love it here. And I stayed.
RK: How'd you become an advice columnist?
Carroll: Elle gave me a column in 1993. People ask questions, my answers were published. Ask E Jean.
RK: What is this photo?
Carroll: This is me [in a loosely tied tie] Dec 1995
RK: What kind of questions did you get?
Carroll: The comedy and drama of life. Mostly, How do I get my husband to take my showers? And, How do I get my wife to let me get back in bed and off the couch. I had 80% women, 20% men. I broke with the past
Carroll: I was all about taking action. Lead an adventurous life. It was light hearted - but deeply serious. I had a TV show too.
RK: When:
Carroll: 1994 to 1996, then the channel I was on became MSNBC. My channel was started by Roger Ailes.
RK: Did you appear on other TV shows?
Carroll: Yes, GMA, The Bill Maher Show, Anderson Cooper, the shows that were on every day. I could be slotted in for four minutes
RK: How often were you on TV?
Carroll: Often
Habba: Objection - too broad
RK: Most recently?
Carroll: Today Show, weekly, 2015 to 2016.
RK: Have you written books?
Carroll: Five. A bio of Hunter Thompson. A book of essays. A memoir.
RK: This is "Female DIfficulties." Forgive me, but it looks a little dated.
Carroll: It's from 1983
RK: Put up the Hunter S. Thompson biography.
Carroll: He's the astonish journalist. I wrote it between 1991 and 1992, it was published in 1993. It was extremely well reviewed. The reviewers were all journalists and they all loved Hunter.
RK: And this book?
Carroll: It's about what women think --
Habba: Objection, vague. What women think --
Judge Kaplan: Ms. Habba, when you speak in this courtroom or any other courtroom you'll stand up
Carroll: Women were very blunt, in Alabama and Arkansas & Ohio - they were thrilled to talk to a journalist.
RK: When did you start writing it?
Carroll: 2017. It was published in 2019.
RK: Was Donald Trump initially on your list?
Carroll: No. But I was overwhelmed
RK: What did you say about Mr. Trump in that book?
Carroll: That we met outside of Bergdorf's... He asked me to help buy a gift. We went to the lingerie department
Judge Kaplan: Ms. Habba?
Habba: Objection. Already determined.
RK: How many pages about about Mr. Trump?
Carroll: Nine. Ms. Kaplan, may I have my glasses? They're in my purse. Good luck finding them in that bag
Habba: I object. This goes to the underlying facts.
RK: We can redact it further. They've had this a long time
Judge Kaplan: I'm advised that the version on the screen is not redacted.
RK: This is what Mr. Trump reacted to.
Judge Kaplan: Ms. Habba, what about that?
Habba: The president denied an allegation on the White House lawn from a reporter.
Habba: We can't ask her about the other men, that she claimed assaulted her.
Judge Kaplan: I don't get what you said but I'm going to sustain it anyway.
Habba: Move to strike.
Judge Kaplan: To strike what?
Madaio: Ms. Kaplan read it.
Judge Kaplan: Mr. Madaio...
RK: What an excerpt published?
Carroll: June 21, 2019 in New York Magazine.
RK: What time of day?
Carroll: The NYT was going to publish an article about the book, that caused NY Magazine to rush it out on Friday, in the afternoon. They jumped the gun
RK: Did the excerpt include the assault by Donald Trump?
Carroll: yes.
RK: Yesterday Ms. Habba talked about a five hour interval. Did the except include a denial?
Carroll: Yes, a denial from the White House
Habba: She is waiving the ability for me to cross examine
RK: Had you told anyone publicly the story about Mr. Trump?
Carroll: No.
RK: Did it factor in, that he was President?
Carroll: Yes. I went ahead and did it.
RK: Did you expect him to respond?
Carroll: I thought he'd say it was consensual.
RK: Is that what he did?
Carroll: No. He said my false accusation damaged the real victims of sexual assault, that is a lie
Habba: Objection
Judge Kaplan: On what ground? In one word
Habba: She is not a lawyer
Judge Kaplan: Overruled
RK: Have you paid dearly?
Carroll: Just about as dearly as it is possible to pay.
RK: What is this document?
Carroll: An announcement by the Office of the Press Secretary.
RK: Move to admit.
Judge Kaplan: Received.
Carroll: He said that numerous women had been paid to make false accusations about him and that these women did very well --
Habba: Objection
Judge Kaplan: Overruled.
Carroll: It was untrue. I was not paid.
RK: What about paying dearly?
Carroll: He said people like me should tread carefully -
Habba: Objection
Judge Kaplan: Overruled.
RK: What is the context of these statements by Mr. Trump?
Carroll: He's on his way to the helicopter, questions from journalists
RK: What's this from The Hill?
Carroll: It's partially about me.
Habba: Objection. It's not part of this case.
Judge Kaplan: Overruled...Jurors, this statement is not part of the application for damages.
RK: What's new here?
Carroll: It said, I'm not his type
Carroll: He said, I'm not his type. Meaning, I'm too ugly-
Habba: Objection - speculation.
Judge Kaplan: Overruled. You can cross examine.
Carroll: The president called me a liar 26 times. It ended the world I had been living in. I'm in a new world.
RK: What next?
Carroll: I was attacked. On Twitter. On Facebook. It was a new world.
RK: What is this?
Carroll: A Facebook chat, directed to me.
RK: Do you know the author?
Carroll: No. It was June 21, 2019, at 6:09 pm
RK: What is UCT?
Carroll: Universal time code
RK: What is this?
Carroll: A message on Facebook. The Monday, June 24, 2019.
RK: What does this person say?
Carroll: He talked about how ashamed I should be, I made it harder for the true victims of abuse.
RK: Did Donald Trump say that?
Carroll: Yes.
RK: How often do you receive such messages?
Carroll: Sometimes 100s a day.
RK: What are the themes?
Carroll: That, You are a liar... You hurt victims... You are ugly. Those are first three.
RK: And your motivations?
Habba: Objection. We were ordered not to discuss
Judge Kaplan: Sidebar
[Whispered sidebar ensues, then they're back]
RK: Let's start with messages calling you a liar.
Carroll: This is a Facebook chat. She says, She was not going to ask me for advice.
RK: This asks how much George Soros paid you. Who is he?
Carroll: A rich old man.
RK: Did you pay you?
Carroll: No.
RK: Do you know anyone at the DNC?
Carroll: No.
Habba: I will be addressing this on cross
Judge Kaplan: We'll see. I don't need announcements
Judge Kaplan: I make the rulings here.
Habba: I was just --
Judge Kaplan: Sit down.
RK: How many requests for advice did you get per month?
Carroll: Two hundred a month. Now only eight.
RK: Is this is good time for a morning break?
Judge Kaplan: Yes. 15 minutes.
[Thread will continue - during the above, in Menendez criminal case, Judge Stein has set a deadline for response to Inner City Press and NYT bids to unseal
Thread will continue below Image
With jury out
Carroll's Shawn Crowley: Ms. Habba has twice now mentioned other men - now she's brought up that Ms. Carroll received funding for this case. That was improper. And Mr. Trump has been loudly saying, She got her memory back
Judge Kaplan: Ms. Habba?
Habba: They asked her if she had funding, she said no. We know that she had funding.
Judge Kaplan: What about Mr. Trump being vocal in the presence of the jury?
Carroll's Shawn Crowley: We asked about funding from George Soros, not for this lawsuit
Habba: It's Reid Hoffman
Judge Kaplan: I'll consider what you said.
[Leaves bench. The "Trump vocalization" issue not addressed. Yet? Thread will continue.
They're back.
Judge Kaplan: Before the jury comes in, I'm just going to ask that Mr. Trump take special care to lower his voice when conferring with counsel so that the jury doesn't overhear it.
Jury entering!
[Now Trump whispering directly into Habba's ear]
RK: Ms. Carroll, what is this?
Carroll: My tweet before Mr. Trump's statement. My tweet was about taking a road trip. And this reply hits all the high spot - saying I'm psychologically messed up. And that's ugly and should avoid a mirror. I know I'm old but
RK: Did any of the messages you received accuse you of being promiscuous?
Carroll: Yes. This email was sent to me, and my publisher and my agent. It made me feel horrible.
RK: Did you receive some even more upsetting?
Carroll: They threatened to kill me
RK: How many threatened violence?
Carroll: Hundreds.
RK: What was the first time?
Carroll: Around 11:30 that night, I was in a cheap hotel on 10th Avenue. The room was small, there was no desk, just a board you flapped down - I went to Twitter for breaking news
Carroll: On Twitter I saw, You lying scumbag - so I went to my Ask E Jean website, looking for support - there was a lovely email saying You Go Girl but the next one, I thought I was going to get shot. I couldn't get the curtain closed
Carroll: There was a message with a photo of a woman who had obviously been murdered, there was blood on her neck-
Habba: Objection, inflammatory
Judge Kaplan: Sustained.
Carroll: I hit delete, delete. I couldn't help myself. I went back to Twitter
RK: Did you sleep a lot that night?
Carroll: No, because of the window. I didn't sleep until six or seven in the morning.
RK: What is this?
Carroll: A Facebook message to me... "Dishonest treasonous lemmings," it describes how I should die.
RK: Prior to June 2019 had any reader ever accused you of being a pedophile, or a Satan worshipping Nazi?
Carroll: No.
RK: What's this?
Carroll: A Facebook message, a day after last year's trial. They want me murdered, they say
[On the screen for jurors: a message incl "no lube"] Carroll: I'm sorry that people in this courtroom have to see these images (sobs)
RK: Some of these were posted on public media sites- but the threats of violence were sent to you privately, right?
Carroll: Yes
RK: Why didn't you delete your social media accounts?
Carroll: My favorite journalists are on social media - to not be on it, as a writer, would be oblivion.
RK: Did you ever come to regret coming forward about Mr. Trump in light of these messages?
Carroll: Only momentarily. I'm glad I took action.
RK: What steps have you taken to protect yourself?
Carroll: I let my pitbull off his leash. I put in an electronic fence
Carroll: I bought bullets for the gun I inherited from my father. I keep it by my bed
RK: And driving?
Carroll: I pay attention to who's behind me. When I run errands, I look to see who is around. At the grocery I had a filled cart and I see a man in a brown shirt
Carroll: Back at my home, I realized I left my groceries back at the store.
RK: Do you have personal security with you at this trial?
Carroll: Yes.
RK: Would you like more?
Carroll: I can't afford it.
RK: Do you tell your friends about the threats?
Carroll: No. What can they do? I stay cheery.
RK: Who is Lisa Birnbach?
Carroll: My friend of more than 30 years.
RK: What did you told, the night in the small hotel room?
Carroll: That I was Fine as wine
RK: What's this?
Carroll: My texts with Carol Martin and her daughter.
RK: Who is Carol Martin?
Carroll: The breakthrough Black newswoman.
RK: You told her there were no security concerns - was that true?
Carroll: I didn't want them to worry
RK: Did you promote your book - switching gears, sorry
Carroll: I did 4 TV interviews. & 4 or 5 podcasts
RK: What did you talk about?
Carroll: The journalists wanted to hear about President Trump. I saw that the book was not selling - so I tried to talk about it
RK: Were you buoyant, as it said in this interview with Keziah Weir?
Carroll: That's the public E. Jean
vanityfair.com/style/2019/06/…
RK: What was this talking tour?
Carroll: There are many tours in New York, Edgar Allan Poe
Judge Kaplan: What about this tour?
Carroll: It was in front of Trump Tower
[book(let) cover amazon.com/dp/B0C4WZG4D3
RK: When did you decide to sue?
Carroll: I was at a party with George Conway. He took me aside. He had an iPad. He explained the difference between a criminal case and a civil case. He took me through the steps. He said he could suggest an attorney
Carroll: A day later he sent me a recommendation.
RK: For whom?
Carroll: For yourself, Robbie Kaplan.
RK: What is this?
Carroll: A photo of us waiting to go up to your office to listen to our argument at the 2d Circuit Court of Appeals
RK: What is this?
Carroll: My personal website.
RK: You're posting an article about your case - why?
Carroll: Donald Trump keeps lying about me. I want people to know what is happening.
RK: What's this?
Carroll: Me on Rachel Maddow
RK: During the first trial was there a hullaballoo getting in and out of the courthouse?
Carroll: Yes
[And yesterday: video
RK: It was said yesterday that you paid for a documentary-
Habba: Objection.
Judge Kaplan: On what ground?
Habba: That's not what I said. It misrepresents.
RK: Did you ever pay to have a documentary made?
Carroll: No.
RK: What is this?
Carroll: Something Donald Trump put on Truth Social. By then I thought I was rebuilding, I had started a new Substack -
Judge Kaplan: What did you do?
Carroll: This was a statement I made about the last trial.
Habba: Objection - it's the last trial
Judge Kaplan: There are no damages being sought for this. But you may answer.
Carroll: This statement by the president called me a hoax
Carroll: I thought I'd get my reputation back after winning the first trial. But Donald Trump went on TV-
Habba: Objection. This is not part of this case
Judge Kaplan: No speeches, just one word. Overruled.
RK: We got interrupted mid-answer.
Carroll: He lied again
Carroll: Right after the trial he went on CNN Town Hall and lied again.
RW: What is this?
Carroll: A Truth Social about me. A video posted by Donald Trump.
Habba: We will be-
Judge Kaplan: No announcements.
Habba: Objection, the whole video should be played
Judge Kaplan: No one's proposed anything else. Sit down. This is the transcript.
RK: What was this posted on Truth Social?
Carroll: The day after the trial.
RK: Let's play it.
[Trump: I have no idea who this woman is... the greatest witchhunt of all time]
RW: Who's the woman Mr. Trump is referring to?
Carroll: Me. And Donald Trump was raising money --
Habba: Objection. That is complete speculation
Judge Kaplan: The answer is stricken.
RW: Let's turn to the Town Hall -
Judge Kaplan: Who much more?
RW: 20 minutes.
Judge Kaplan: We'll break here. 1:45.
Jury leaves.
Shawn Crowley: The defendant has been making statements we can hear. He said, It really is a con job, it is a witch hunt. Remind him
Judge Kaplan: Mr. Trump has the right to be present here. That right can be forfeited if he is disruptive, which has been reported to me, and if he disregards court orders.
Judge Kaplan: Mr. Trump, I hope I don't have to exclude you from the trial. I understand you are eager for me to do that. Control yourself.
[Judge Kaplan leaves the bench]
Book:
Thread will continueamazon.com/dp/B0C4WZG4D3
They're back.
Judge Kaplan: I understand there is an application.
Trump's lawyer Madaio: We move for recusal. Shawn Crowley is a former law clerk, you accepted her representation... There is an atmosphere of hostility.
Judge Kaplan: Denied.
[Note for X subscribers on SDNY conflicts / disclosure
Now: Jury entering!
Roberta Kaplan: In these four years, there have been times you've felt OK?
Carroll: Oh yes. Buoyant.
RK: Now let's get to the CNN Town Hall.
RK: And this disk, did you sign it?
Carroll: Yes, ECJ. I followed along - the transcript is accurate.
Madaio: Objection, Your Honor.
Judge Kaplan: One lawyer per witness and you're not it.
Habba: What rule is that?
Judge Kaplan: My order this morning. You heard it
Judge Kaplan: OK you're had the conference and the moment is over. I can't hear you.
RK: We'll come back to this, I don't want to waste the time of the jury.
[Video played, Hawkeye State: Trump says, "Bergdorf Goodman? It's all made up!"]
RK: What happened after Mr. Trump made those statements?
Carroll: There was a flurry of attacks.
RK: Have you gotten used to it?
Carroll: I will never get used to attacks like that.
RK: People congratulated you, & positive media articles- doesn't that repair your reputation
Carroll: No.
RK: Are you better known now?
Carroll: By people who think I'm a liar-
Habba: Objection, she's speaking about what other people think
Judge Kaplan: Overruled
RK: When did you stop your Elle column?
Carroll: The end of 2019.
RK: Do you still publish a column?
Carroll: Yes, on Substack.
RK: Pardon my ignorance, what is Substack?
Carroll: People can pay to read. I have 21,000 - 1800 of them are paid
RW: Have your Twitter followers increased since 2019?
Carroll: Yes.
RW: Do you make any money from your followers on Twitter?
Carroll: No.
RW: Can you still freelance?
Carroll: The assignments are all about Donald Trump, nothing else.
RW: How much do you earn?
Carroll: About --
Habba: Objection, specify the year.
Judge Kaplan: That's a subject for cross examination.
RW: How much did you use to make, versus 2023?
Carroll: $50,000 versus in 2023, 500 thousand, I mean, 500 dollars
RW: Did you post on Twitter?
Carroll: Yes. Dog videos and a Christmas message wishing people care and love.
RW: Did you receive replies? Scroll through them, people will get a sense
["Shut up you chattering skeleton"]
RW: Let's show this--
Habba: Objection
Judge Kaplan: Ground?
Habba: It's prejudicial.
Judge Kaplan: All evidence is prejudicial against the party it is offered against
RW: Who is this from?
Carroll: Someone called Nebraska Cornhusker, he writes I am a trashy whore and Trump will get back at me
Habba: Objection
Judge Kaplan: Overruled.
RW: Did he post about you yesterday?
Carroll: So I've been told. On Truth Social
Carroll: This was posted as we were in the courtroom yesterday. "I had no idea who this woman was. PURE FICTION."
Roberta Kaplan: No further questions.
Judge Kaplan: Cross examination?
Habba: Give me a moment, please.
Habba: Ms. Carroll, you used to live in Montana?
Carroll: Yes.
Habba: Fair to say it was boring to you?
Carroll: Montana is never boring.
Habba: You were deposed twice by me - let's look. Do you recall saying you and your first husband, the spark was gone - sorry
Habba: You said, I came to New York to interview Fran Lebowitz-
Judge Kaplan: Can I get the transcript?
Roberta Kaplan: Your Honor, I don't see the difference
Habba: May I proceed?
Judge Kaplan: No. She just said something. And you haven't provided the transcript
Judge Kaplan: Ms. Habba, we're going to do it my way in this courtroom and that's how it's going to be. You tell me the line number and I read it. Then we go from there.
Habba: I was reading --
Judge Kaplan: We are going to take a recess. You will provide me with
Judge Kaplan: Do not read it out loud. What line numbers?
Habba: Page 14, 6 through 8.
Judge Kaplan: What are you doing, offering into evidence?
Habba: I'm offering it as impeachment
Judge Kaplan: Those are 2 different things
Habba: She said too different things about Montana
Judge Kaplan: She said it's great and before she said, it's not boring - that's your difference?
Habba: I can ask another question.
Judge Kaplan: That would be a good idea.
Habba: You were a regular at Elaine's, right?
Carroll: Yes.
Habba: It's hard to get into, isn't it?
Carroll: No, not hard.
Judge Kaplan: It doesn't exist anymore. That's why it's hard to get into
Habba: Why was it hard to get seated in the front?
Carroll: Elaine choose
Habba: You were a regular & saw Mario Puzo?
Carroll: I saw Woody Allen...
Habba: You were in the first row?
Carroll: 4th table down from the front.
Habba: You were with Esquire?
Carroll: yes
Habba: In 1979 you were making $4000 a piece?
Judge Kaplan: A piece of what?
Habba: Per article... Didn't you say in 1979 you made $29,000?
Carroll: That's about right.
Habba: It would be bigger to be on the cover?
Carroll: I'd rather be on the inside with a story
Habba: How about a cover story?
Carroll: I consider writing--
Carroll's lawyer: Can we have a sidebar?
Judge Kaplan: OK.
[Whispered sidebar ensues]
They've back.
Habba: When you were on the cover of New York Magazine, how much was the dress you were wearing?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: What's the most you've made annually?
Carroll: $400,000
Habba: That's a lot in today's dollars, right?
Carroll's lawyer: Objection.
Judge Kaplan: You're going to have to be more specific
Habba: You agree $400,000 in 1995 is about double that today?
Carroll: Maybe.
Habba: You were on TV, too, right? Through 1997? And SNL?
Carroll: Yes.
Habba: Walk us through your books.
Carroll: Female Difficulties.
Habba: What's the whole title?
Carroll: Sorority Sisters, Rodeo Queens, Frigid Women, Smut Stars and Other Modern Girls
Habba: What's a rodeo queen?
Carroll: You have to ride and rope, out in the West. It is difficult.
Habba: What about Frigid Women?
Carroll's lawyer: Objection
Judge Kaplan: Sustained
Habba: What about Smut Stars?
Carroll: It's an old term for pornography.
Habba: What did you first tell me?
Carroll's lawyer: Objection. No idea what she's doing.
Judge Kaplan: My order, I said, say how you are using transcripts.
Habba: She was not afraid of porn
Carroll's lawyer: Objection.
Judge Kaplan: Sustained.
Habba: How did the book sell?
Carroll: It sold all 10,000 copies.
Habba: What was the next book?
Carroll: Biography of Hunter S. Thompson
Habba: Next?
Carroll: Two advice books - a Dog in Heat is a Hot Dog
Habba: How many copies of that book did you sell?
Carroll: It's still selling today.
Habba: How much in 2023?
Carroll: I don't know.
Habba: And "how a smart woman can land her dream man in six weeks" - did it do well?
Carroll: It did well, royalties still
Habba: Then Nina Garcia took over at Elle?
Carroll's lawyer: Objection. Beyond the scope.
Habba: Was your salary lowered?
Carroll: Yes. All magazine advertising was down--
Habba: Was your salary changed?
Carroll: Yes. Halved in 2018. From 120,000 to 60,000
Habba; Was that a low point for your career?
Carroll: It was a lost, being halved
Habba: Did you go on TV to promote your newest book?
Carroll: It is my duty as a writer.
Habba: Did you do that on previous books?
Carroll: I went on the Early Show for Mr Right
Carroll: So I went on more TV for that book.
Habba: Was that prime time?
Carroll: No.
Habba: How many men are in What Do We Need Men For?
Carroll: Maybe 60.
Habba: How many times is the word Trump in your book?
Carroll: Once
Habba: And how many times did you say it on TV?
Carroll: I didn't like to say it. Usually it was the interviewer
Habba: But you do mention it often, right?
Carroll: I did it here, because that's the topic. On TV, they choose the topic
Habba: Did you mention any of the other men?
Carroll: Several were done in a humorous way
Habba: What does that mean?
Carroll: I tried to get the other stories in
Habba: You went public with your allegations in June 2019, to The Cut of NY Magazine?
Carroll: Yes
Habba: The president's response was five hours after the publication of the Cut?
Carroll: NY Magazine went online. They reached out to the White House - we never planned to do it on Friday, it's not a good day to release things. But the NYT had it
Habba: Do you know if there is a communications team at the White House?
Carroll: I don't know.
Habba: I represent to you that it does -
Judge Kaplan: You're not going to be representing anything, or you'll be a witness.
Habba: Did you sue over the White House statement?
Carroll: No.
Habba: You're suing over the June 21, 2019 statements, right?
Carroll: Yes.
Habba: But you got online responses before President Trump said anything?
Carroll: Correct.
Habba: 5 hours?
Carroll: Yes
Habba: Many people called you a liar before the President made his statement --
Carroll's lawyer: She's not asking a question.
Habba: I wasn't finished. It says, "You're a pathetic old hag"
Judge Kaplan: It's not in evidence.
Habba: I'm trying to get it in
Judge Kaplan: No, we are not going to read out loud a document not yet in evidence. We are going to take a break right here to 3:30 and you're going to refresh your memory about how you get a document in.

Thread will continueamazon.com/dp/B0C4WZG4D3
They've back.
Judge Kaplan: Ms. Habba can't use documents that are not in evidence.
Jury entering!
Habba: Did you receive Tweets in the 5 hours before President Trump spoke?
Carroll: I hadn't seen them.
Habba: Were you tagged?
Judge Kaplan: Don't get into content!
Habba: How do you suggest I proceed?
Judge Kaplan: Show it to her, ask if she recognizes it.
Habba: Do you recognize it?
Carroll: Yes.
Judge Kaplan: It's not marked. It should be marked. Do it appropriately. Do it overnight. They. Need. To. Be. Premarked.
Habba: Did you anticipate the public would immediately believe your allegations?
Judge Kaplan: Sidebar.
[Whispered sidebar ensues]
They've back.
Habba: So you deleted the messages - then you deleted the trash?
Carroll: I periodically delete the trash. I have an old computer.
Habba: When did you stop deleting?
Carroll: During the second lawsuit, the one that went on in May
Habba: You said you receive death threats daily - but you deleted then until trial? Explain what you mean.
Judge Kaplan: Explain what she means by what?
Habba: When did you stop deleting death threats?
Carroll: I had not received how many there were.
Habba: Did you receive a subpoena?
Carroll: Yes.
Habba: Did you know you had a discovery obligation?
Carroll: They were just replies, slime...
Habba: What about messages in your inbox, did you delete them?
Carroll: No.
Habba: So you have the death threats?
Carroll: I deleted them.
Habba: So you-
Carroll's lawyer: Asked and answered.
Habba: This is a very important question
Carroll's lawyer: I object to the commentary too
Carroll: I may have deleted some emails too, I'm not sure
Habba: Did you give them to your lawyers?
Carroll: No.
Habba: Why not?
Carroll: I don't want to upset them
Habba: Do you keep the supporting emails?
Carroll: Yes. I tend to delete questions that I know I won't use. But I have an entire label for supportive messages.
Habba: Do you control your email?
Carroll: Yes.
Habba: So only you deleted them?
Carroll: Yes.
Habba: Ms. Carroll, are you aware it is illegal to delete evidence?
Carroll's lawyer: Objection
Habba: I move for a mistrial, evidence has been deleted
Judge Kaplan: Denied and the jury will disregard everything Ms. Habba just said
Habba: You stated you were in a cocoon of love, a week after President Trump's statement?
Carroll: I did.
Habba: So it appears you weren't suffering much, fair to say?
Carroll: No fair. I experienced support and a flood of slime. Both. Both. Both things occurred
Habba: But some was before the President's statement?
Carroll: It was from him-
Habba: Based on what?
Carroll: The way they were phrased.
Habba: Didn't you say you went off social media?
Carroll: Sometimes I take a break, I come back for breaking news
Carroll: I take a break. One can't live by Twitter alone
Habba: Now you believe these tweets are real and not fake?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: On June 22 Lisa Birnbach texted you - I offer DX 11
Judge Kaplan: Is this already in?
Habba: Yes.
Judge Kaplan: Then you don't have to introduce it.
Habba: You said you were confused
Carroll: I did sleep until noon
Habba: So it's not accurate?
Carroll's lawyer: Objection
Judge Kaplan: Sustained.
Habba: You said you're glad you're not living in Montana anymore?
Carroll: If you say so.
Habba: Don't take my word for it. Here it is
Habba: You attracted media exposure after you came forward with these allegations against President Trump?
Carroll: Yes. To promote the book I answered about President Trujmp.
Habba: Is he the only one you discussed?
Carroll: It's all that asked about
Habba: Could you have mentioned others from the book?
Carroll: I could have. I didn't.
Habba: If you were so damaged, why didn't you stop going on TV?
Carroll: Anderson Cooper was my last. I was done.
Habba: Did you have to accept the appearances?
Carroll: No.
Habba: Didn't you testify you don't like talking about President Trump?
Carroll's lawyer: Objection.
Judge Kaplan: Sustained.
Habba: Let's talk about the podcasts -- The Daily, All Ears, MeidasTouch, TrumpCast--
Carroll: Yes.
Habba: Did you say Trump?
Carroll's lawyer: What does she mean?
Habba: She said she didn't like saying his name. That's a lot of appearances for someone who doesn't want to say Trump
Carroll's lawyer: Objection
Judge Kaplan: Sustained. That's argumentative
Habba: You don't book yourself on TV
Carroll: I don't.
Habba: Who pays for the publicists?
Carroll's lawyer: Objection to form, Your Honor.
Judge Kaplan: Sustained.
Habba: Ms. Carroll, status is important to you?
Carroll: Yes
Habba: You still want more publicity?
Carroll: I'm pretty much done with it, and with books.
Habba: Are you writing a book with Mary Trump?
Carroll: She is writing the book, I'm in charge of the comments. It's Mary's money.
Habba: Whose idea was it?
Carroll: We were talking during the pandemic. Mary put it on Substack.
Habba: Has Mary Trump sued Donald Trump?
Carroll's lawyer: Objection!
Judge Kaplan: Sustained.
Habba: Ms. Carroll, have you ever said anything you regretted on national television?
Carroll: Yes -
Carroll's lawyer: Can we have a sidebar?
Judge Kaplan: Yes.
[Whispered sidebar ensues]
They're back.
Habba: Have you deleted text message and not just emails?
Carroll: When I see threats I delete them.
Habba: Can we have a sidebar?
Judge Kaplan: No.
Habba: Ms. Carroll, have you ever gotten into arguments with Twitter users?
Carroll: Possibly.
Habba: But you said you were afraid. Did you get oral threats?
Carroll: People left messages. I didn't answer.
Habba: You deleted them?
Carroll: I didn't know you could
Habba: You don't know what the police would do, do you?
Carroll: I think those who send messages use emails they get off of TOR, the IP address is hidden
Habba: Are you afraid they're going to come to your home?
Carroll: Yes.
Habba: But you never call the police
Carroll's lawyer: Objection, argumentative.
Habba: You have the same phone for four years?
Carroll: Yes.
Habba: Who is Carol Martin - would you call her a confidante?
Carroll: Yes.
Habba: You told her you felt safe?
Carroll: I do, in NYC
Habba: So was lying to Carol Martin appropriate?
Carroll: Yes. Her daughter was scared. So I said I had not received threats.
Habba: So you lied when you said no threats -
Carroll's lawyer: Objection. That wasn't the testimony
Habba: You have a gun - do you have a license?
Carroll: No.
Habba: Are you aware that you have to have a licence-
Judge Kaplan: Don't even start.
Habba: Do you have bullets for the gun?
Carroll: Yes.
Habba: You live in this state?
Carroll: Yes.
Habba: Didn't you say you would advise people not to go to H.R.?
Carroll: Yes. H.R. decides cases to benefit the company.
Habba: You did a watch party with Kathy Griffin?
Carroll: Yes.
Habba: She held up the severed head of Donald Trump?
Carroll: Yes.
Habba: Ms. Carroll, have you ever said you like speaking with me?
Carroll: Yes.
Habba: Is that at some level because you enjoy the attention?
Carroll: I wanted people to know that woman can win. I'm 80. It's not right to try to make women be quiet.
Habba: Ms. Carroll, you were not quiet in the 1980s, right?
Carroll: Right.
Habba: But after 25 years you brought this suit against the sitting President?
Judge Kaplan: You're running the repeat key too often, Ms. Habba
Habba: Who is George Conway?
Carroll: He is a lawyer who does not like Donald Trump.
Habba: Has he been on TV these days?
Carroll: I think so. I wouldn't be surprised.
Judge Kaplan: We'll break now.
[As jury files out, Trump leaves too. But the lawyers are staying - there may be more]
There was no more - Judge Kaplan left without saying more. But Worth Street vlog coming - then story. Book on 1st trial: amazon.com/dp/B0C4WZG4D3

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